What is the general rule regarding construction workers and safety devices, and what is the exception?

• A. There is no liability for failure to provide protective devices; the exception is for negligent misrepresentation.
• B. Construction workers are strictly liable for failures to erect protective devices, with no exceptions.
• C. There is strict liability for failure to erect protective devices, with an exception for one- or two-family dwelling owners who contract but do not direct or control the work.
• D. Liability depends on negligence, with no strict liability in construction.

Answer: (C)

On construction sites, those who direct or control the work are strictly liable for failing to provide protective devices for workers. This means a worker can recover for injuries caused by the absence of safety measures (like guardrails or other protective devices) without the worker having to prove negligence; the duty to install safety devices is treated as an absolute obligation for the party in charge of the work. The exception is owners of one- or two-family dwellings who contract for the work but do not direct or control how it is done. In that limited homeowner situation, strict liability does not apply, because the owner isn’t directing the construction; the responsibility shifts away from the owner if they merely hire someone to perform the work without supervising it. If the owner does direct or control the work, the strict liability rule applies again.